Paths Links People

Paths Links People

Thonigala Inscriptions are of the 2nd Century BC and carved on Rock. information courtesy;Internet

Thonigala Inscriptions are of the 2nd Century BC and carved on Rock. information courtesy;Internet
Tonigala. (a.) Parumaka Abaya puta parumaka Tisaha wapi acagirika Tisa pawatahi agata anagata catudisa sagasa dine. Dewana pi maharaja Gamini Abaye niyate acanagaraka ca [tawi] rikiya nagaraka ca. Parumaka Abaya puta parumaka Tisa niyata pite raj aha agata anagata catudisa sagasa

History; Path to future

History; Path to future
Reading Future through History, Nagala mountain and the Stupa of the Nagala Kanda Rajamaha Viharaya, Nikaweva, Polpithigama, Kurunegala District.

yesterdays kingdoms enhanced people's today

yesterdays kingdoms enhanced people's today
let us view today through past ...........Kingdom of Yapahuwa - 13th Century

Monday, September 21, 2015

De touring through the bridge of Risk* to be built



Newspaper sources revels; The suggested bridge way (?) from Jaffna peninsulas to South India (Tamil Nadu) opens a ‘land way’ for five countries and the Asian Development Bank (ADB) would assist in providing 8 Billion dollars or rupees, for the project.
A loan or a benefactorial contribution 

It has been one of the controversial, most discussed topics since the news popularized amongst local people of various levels, educational, social for example.
 It is clear that the suggested bridge Geographically and directly connects South India or India as a whole with the Country.

Currently the Island remains as a separate, geographically independent land, country bordering the Sea. Who ever needs to enter the country should use an air way or an aviation service legally, that is the current picture of travelling across or between countries, within this part of the region, if you take SA only for easy analyze purposes.
What easiness that this suggested bridge way provide for all the countries expected to use this path as mentioned by the authorities ? We need to think?
Whether they are willing to use or prefer to use this bridge is another factor to be discussed independently.

DOES IT SAVES TIME of the passengers of mentioned countries that we assume will be using the bridge to enter their preferred destinations religious or commercial or otherwise?

If yes , how?

Jaffna and planned linking destinations I drafted it this way, see table below. Within following countries there are certain number of air ports exists and functions for the benefit of travelers and the services are maintained and admin by responsible authorities , departments, ministries  of the mentioned countries.  They have been maintaining such systems within their territories ever since they have established them.  The nature of the countries in the list is different to the country ours everyway. The Pakistan and India was a one land historically departed geographically and administerially some time back. The historical or the political, geographical backgrounds are there anyone who wishes to refer and get a view about two countries. Now remains as independent units. If you take Bangladesh as a country, I do not think that they have money to be wasted because they have so much inner issues to be solved by them.  Nepal is a sacred land of Buddhists of the world and they owns an important places religiously important for all people.

Glance at every historical events , incident happened within or between these countries now and then and try see whether there are any issues related to borders or territories that puzzled their lives over years? And check because of what such incidents happened? 



From Jaffna Peninsula
Tamil Nadu

Pakistan
62 Airports found
Bangladesh
16 Airports
Nepal

Bhutan

      
If you have a look at a map of South Asia you can have an idea of what distances that it shows between each Destination, air ports for example 

If you are planning to use this suggested bridge way to reach our country from Pakistan
(From your preferred air ports) you need to first enter ‘India’. Am I incorrect?
 Imagine a traveler taking the land way without really taking a direct flight, aviation route  to Bandaranayake International Air Port from lets say Karachchi  how many hours he / she should spend traveling ? 

What benefit they get from using that path – suggested?

And Why the Traveler should drive (if no border issues) first to Tamil Nadu (from Karachchi to Tamil Nadu calculate the distance in kilo meters ) and then enter the Jaffna Peninsula for lets assume to visit , relations or friends, religious places without taking an air way service?

I do not think that it will become a de tour for them or to other countries other than to the geographically very closer Tamil Nadu

And if they, any passenger / traveler to enter Jaffna or the country, through India / Tamil Nadu any passenger / traveler needs to ‘full fill the immigration migration regulatory requirements needs of the respective countries?

Any extra expenses?, How much money that a traveler can save by using this suggested way? Are the total Travel costs lesser or higher in what way?

Within this commercialized world, for any traveler, saving money and time is essential
Hazels free Journeys, that is what every traveler expects at the end.

I do not see any advantages for any traveler who wishes to use this new suggested land way to enter this country other than for the Tamil Nadu people / travelers , Jaffna specifically who wish to enter Tamil Nadu through a  land way not by an air way.

As a citizen of this country, I see the plan of building suggested bridge as a THREAT to our country not as any commercially useful pathway.

Building or constructing this pathway you are taking a risk and allow cracking the sea way security that is naturally there to protect this country THOUGH WE HAVE A HIGH PROFILE NAVAL OFFICERS base WITH EVERY ACCURATE QUALIFICATIONS

YOU ARE COMPLEXING THEIR ‘SHEET OF DUTIES’ BY ADDING MORE TASKS
Do not let the UN high profiles to say, in the future that they will be coming to work on ‘the disappeared’ through that new bridge way?

By the way my very dearest parents, please do not wait until the government show them the list of armed forces personals disappeared since when 1976 or even before, no news found of your son / daughter during the period of 1975 – 2009 take the picture of your son / daughter gone missing and no ash received to the very high profiled UN officials they might do justice to your tears have no doubts within.   

OPENNESS is something very useful we know, like the open economy but it is like a knife. You can use it to cut and chop veggies can play the role of butcher with this sharp knife, and what else you can do with that? Needless to say.  

I believe that not only ADB but also any other UN organization see this bridge way from their point of view, they may come up with lists of social and cultural benefits BUT I doubt whether they can think of POLITICAL THREATS exactly like some pOWER holders of the current government. 

What ever they think is good to implement they may implement using the ‘five year power plan they have’ but remember even after you retiring from your power positions, even after you and I die THIS COUNTRY SHOULD REMAIN AS AN GEOGRAPHICALLY, POLITICALLY HAZEL FREE LAND FOR THE FUTURE CHILDREN OF THIS COUNTRY  

The ADB should showcase their annual reports on work they have done materially at their annual sessions / gatherings. They, for sure would INDICATE IN BOLD LETTERS OR IN BOLD NUMBERS THAT THEY CONTRIBUTE WHAT EVER AMOUNT ( 8 billions) OF MONEY FOR THE SUGGESTED PROJECT. THAT WILL BE AN ACHIVEMENT FOR THEM.

As a financial aider of the said project; The ADB will not take the responsibility for any results of building the bridge or I can say they will say ‘we not responsible for anything other than as a money provider, commercial or financial contributor. Therefore what ever the other sub results, direct or indirect results of building such a bridge, political or economical, commercial influences, or affects of such projects, the government must take responsibilities but it is good that some errors cannot be corrected to adjust. Like a river that cannot turn back its direction only flows further and knows only to proceed ahead, with or without errors , mistakes.

So think 19.5 billion times before you leap

And why should none governmental parties take responsibility of something that political power chairs deciding and taking actions as ‘god fathers of the people of the country. I do not think that such are mentioned in the codes of ethics, visions and missions of UN  
And let me assume that the prince of human rights would write to the Prime Minister of the country mentioning following ……………….

Dear President / Prime Minister of the Sri Lankan Government,

You have taken a huge step to build cultural mutual understanding between the people of two countries by deciding to construct a bridge linking two parts of the two countries. And I would like to say that in history, no leader has taken such an action to do something like that.

Thank you,

Your’s loyal human right representative, the Prince of UN

My idea is that It can be a huge commercial success for the construction company that would take the project under their control after what ever bidding.

And yes, that would help for the present government to dazzle and shine on sky as a party / state / government, star by planning to implement such a project and after building it.

And yes, for sure you can provide what so ever numbers of job opportunities for the Engineers, Planners etc

But once the constructions are over , the government will have to think of another project to maintain the continuity of everything

And the cement and material companies can sell their materials number one for contractors and shine as a provider of that sort.

And yes for every group / individual that expects something like that to happen would celebrate with vines and with champagne

And the rulers that know nothing about the historical incident happened in the past; example, Emperors of the Vijayanagar Empire capturing the Jaffna Pennisula politically in the 15th century would say ‘hurray’ after laying the foundation with a big celebration
 You know now no empire is capturing any lands geographically other than some terror groups such as ISIS they want their Utopian or otherwise empire geographically expanded.  So other than for such groups known or categorized as ‘ no terror parties’, prestigious political figures use no such tack tics to capture you but use other ways, to politically imprison you within their strategies of all types.

You perhaps not aware or you may pretend unaware of new faces of old ‘colonization’, the modern face of it, because you may now wearing politically colourized lenses to see things. Who ever would capture you through their POLITICAL WILLS, ECONOMICAL WILLS would not tell you that they are doing something like that. Who would?
You may not directly understand such things. 

For India ours is one of the most important ports of trade. What are we trading to them? Bajaj, Mahindra, TATA , Banaris, aricunut  or we buying them from them?

What CEPA going to be manufacturing in the future, ladies and gentlemen?

Tell me what other benefits we get from building this bridge of your political desire other than shopping between two destinations and organizing pilgrims from here to there and there to here?

Unlike through aviation paths you can easily welcome political threats if you not let this land remain geographically independent. Refer how vaico, the political saint came and meet the leader LTTE in the past and through what way?

Coastal areas of any island or bordered by any ocean has a lot value or can say is the ‘back bone of Portal Trade systems of the main economy of their respective countries. Ours is an example.  For a ‘Trade Empire’, owning such territories, coastal areas for instance is a must or highly useful, essential for any trade minded emperor.

 Refer 1766 agreement made between the Dutch and the King of this land. How they specifically asked the coastal line under their authority and how cunningly they inject the idea of having that into the brain of then king.

What happened afterwards, the traders of up country, middle part of the land lost all trading opportunities that they were using so freely in every inch of this land? The salt mines, the natural trade ports, Gokanna , mahatitta of the old map of Ceylon for example.
I do not know what fishing they did in the past but you are very well aware how people fish in the seas of theirs and ours, currently?

I wish you have no plans to waste your bullets aiming the heads of fishermen who to tries enter the sea fish territory of ours, illegally. You know the current fishing trade styles using and how we deal with that. What you need to do to get the men, who ever enter there or here into legal territories of fishing, released  

Now the other important to thing to analyze is the CONTENTS OF AGREEMENTS my dear friends  

Who writes or prepares these agreements between countries in order to build a bridge for instance.

What agreements mentioned?

The nature agreements?

How transparent are they really?

Any copy available to view for every person show interest to read?

Who would SIGN in the document as historical heroes that desire to connect two independent geographical territories through a bridge of risk?

Willing to punish who ever enters the territory illegally by taking them to the Hybrid court? Would that help for the sustainability of peace and harmony between two so far independent lands?

I can assure this that there will be plenty of stories waiting to be written here and there, in the pages of the books of socio, political, law and order etc.

May triple gems protects this land of liberty

God Bless You all!

 * A risks can be social, political, economical or otherwise





  




 






Sunday, September 20, 2015

On 'HYBRID COURTS' curiously .......................



I started writing this essay yesterday with a very little understanding of the subject.  To get an overview of the ‘subject’ I had to browse certain links. So now I believe that I have  at least 5% of knowledge of the subject but to fill the rest I have questions to ask from either ‘ the authorized person who decided to have a such system in this land’ ( here in the country or in the UN)  or the Minister of the Ministry of justice.
Today, while I go passing a grocery shop I saw the following news, I think I saw this news on the home page of the Rivira weekly paper
mrSlaIK foaYSh hdka;%Khlska muKhs’
-      ckm;s w.ue;s lshhs   
‘The investigations; only through a local mechanism’  
                                                Says; President, prime minister
I didn’t read the inner content of the news. I guess this is regarding the hybrid court system or else about any other reports but I doubt that ?.
So assuming that ………………………………
Before I move onto my views on the above statement released by the highly authorized, responsible parties let me state the definition I found on internet about the ‘hybrid courts’ , please see the content in the box below.




 

Hybrid courts are courts in which both the institution and the applicable law consist of a blend of the international and the domestic: foreign judges sit alongside their domestic counterparts to try cases prosecuted and defended by teams of local lawyers working with those from other countries; and at the same time, ...
 






I thought what ever the authorities says they cannot act or react beyond the ‘rules and regulations of setting up such an institution in wherever in the world. The rules are rules, the laws are laws. I do not know whether such things can be adjustable according to the wills and aims of any domestic parties.
Investigations alright can be done using a local mechanism, already exists in the local system. The investigations should be done by what party? The police, intelligence services? 

What are the procedures to be followed, next? 

Such reports / findings of the investigations should be submitted to whom? To the responsible parties of the COURTs ? 

Alright then, within the hybrid structure you find ‘the top seat’ chaired by whom? An international or a National?

The lawyers (group 1 National , group 2, international?), what is the total number of lawyers in a group of national  and international ?

The # in each group equal or not equal?

Who takes the final decision here? An International JUDGE / local JUDGE in favour of? oh! Sorry that is something I should not ask from an international court system
Look I do not say that I do not trust these systems. But I need to clarify and verify certain facts.   

Who should pay for the staff? The UN or the Local system, in what currency?
Let me move on to another direction………………………………

International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.

Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Three such courts are presently located at The Hague in the Netherlands
The International Criminal Tribunal for the former Yugoslavia (ICTY), the International Court of Justice (ICJ), and the International Criminal Court (ICC). Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the 
 genocide in Rwanda
In addition to international tribunals created to address crimes committed during genocides and 
civil war, ad-hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia.
Judges and high-level staff of such courts may be afforded diplomatic immunity if their governing 
authority so allows. International courts should be distinguished from international arbitration forums.

Early examples of international courts established in certain part of the world and the reasons to set up such institutions within mentioned countries explained in the paragraph boxed above.

In addition to the questions above asked, i like to further direct my the other set of question to the responsible indicating them below.
 
1        What is the reason behind trying to implement such a system in this country and what are the things that the state, the main admin system is trying to be solved through this unlike before / earlier?s


           My next question is that whether we lack the educated lawyers that have the knowledge on ‘international laws’ here locally?   OR haven't they got the power to practise them locally but only within an international system?

    Are You, The government is sort of showing us, 'insecure' of something that hints by establishing such system,    
    
    What crime that the government is expecting in the future to be seen in the local system or are you assuming of any situations in the future, and believe cannot be solved by the judiciary or courts system – current - local? ,   

     if one of the reasons to set up  such a system locally is to punish any victim of anything happened in the 'past', for example taking a child away from their parents and appoint them as a 'child soldier' that was by LTTE for instance? Is it an offense not international? whom are you going to punish for that?  
       
    let me try to note another example to rectify what i am saying here .............

     Am I accurate, if I note that the current government is trying to view all the incidents happened in the not near but distanced? i.e. The Struggles such as ; JVP struggle for instance today I saw a poster on a public notice board indicating a news;  'A voice against then leader Rohana Wijeweera and 60000 other JVPians killed (this is posted by a newspaper ‘sathhanda’?)    

    pardon me the gentlemen of the international jury to be established , i do not know how you are going to understand any local struggles or battles of any part of the world in its true faces / facts totally, 100% or little less than that , true tears , socio economical factors, political reasons though you can collect information, read secondary data available on what ever subject. And say  or release your statements afterwards differentiating facts ; these facts belongs to the category of 'rights', and these belongs to the category of 'wrongs' considering and analyzing them, the decision taken to punish ' -----------' ( mentioning individual / group ) 

     you can do all that according to the book of international laws 

     And who are the parties 'set those rules and laws ' studying what  socio cultural, economical political facts, after examined, researched what groups, communities, peasants, townies, in what part of the world?  

     who wrote those books? how many are from this part of the world that understand the flesh and blood of people of this part of the world?  why these same people called international is given to right to set up or compile all those , why not invite expertise from this part of the world to 'contribute' and what harm it would bring if any local maintain their own affairs domestic independently and locally. 

    Why, we always need some International here it is alright to get examples from what ever part of the world, but what any local system would do is to 'have a very local frame of working, methodology of working that justify the needs of the locals first not the desires, aims , needs and wants of the internationals. 
     
    That doesn't mean that the country should be isolated from international structure and live a caged life. do not read me wrong. 
     
    Take India for example, what honorable mahatma Gandhi did to localize, establish their very own hindustani system independenting from western interference in every thing. even from manufacturing locally what the people of India needed . I do not necessarily say that current leaders of India should follow the same. Taking examples from past is always worthy to understand needs of people today. 

     India is huge compared to our country, the total number of states, admin systems, the number of very much larger compared to ours, population, what the department of police has to do comparatively large isn't it?    i do not know the total number of courts ( any type) based in major part of current India? 
       
      Yes, it is true that they suffered no terror like ours though Kashmir is an issue to be solved permanently but i have not heard that Indian Government is saying they need a hybrid court system there in India. I never think that we should do only what India do in their Country. we need to have a very independent system here. Geographically they are huge they can find spaces to have their own factories built in Indian soil. perhaps the unemployment rate there is high compared to here and they perhaps needs to find opportunities for Indian people inland. We cannot say anything if the Leader of India find ways to seek solutions. Even if they can establish a factory here jointly with the local government to cross cut high expenses i do not know, i assume and find job opportunities for them  as well as for our bloods. That is how any leader of any country act. 'Their People comes first where ever they go' i salute.
i
    sorry for directing you towards another section of another subject other than towards  'hybrid talks'  

     If you are to established a hybrid courts system in the country, are you saying that you are not sure about the strategy or method to be followed of ‘sanhindiyawa’, sadacharaya’ ( good practices, disciplines) or that you are going to practice and your civilians are expected to be practiced ? If you are aiming at such something why think and act as failures already. there should be some role, work that the International hybrids should play if you achieve all sanhidiyawa targets what role they have to play in the future NO! 
     
               
         What other country in the region has such a system?  If there are not any similar systems established in the courts system does that mean they handle domestic affairs independently or their government can assure of total ‘sanhidiyawa’ or sadacharaya’ within their inner systems,  and assure no such system is required in their countries ?  

        What similar situations you find happened in this country like in Sierra Leon, Lebanon, East Timor, and Cambodia? How are you going to justify the situations here, if you find any similar here?  what war you expect here in future? Are you saying that you are uncertain about some practices or systems planning to be implemented and that would provide or bring good results   

     What trust you hold about current law and order system of the country AND about the institutions there to address or to maintain the sustainability of peace and order in the country? i.e. institutions such as the department of police

          Are you going to imprison any international victims of offenses here in this land after hybriding what ever according to the Hybrid system? 
     
     I am asking these questions because I am unwary of these things? 

     What role the appointed Attorney general would play there after or hereafter? 

           If the UN is expecting more hybrid courts to be established in the world, what role that the other UN organizations , allies established aimed at 'assuring no wars in the world' / to maintain highly peaceful world', are playing currently? if they are not sure about their roles then UN needs to set up more of such. 

     You say even to PREVENT happening something 'you need hybrid courts system' , what about more 'SCHOOLs, Shirnes instead , teach laws at school level, basic laws i mean rather wait till they select and learn it as a subject at universities? 


    What you expect establishing such courts system in any of the society is not always ‘PREVENTING’ or aiming at prevention of crimes BUT deciding of punishments as well? 
     
    Enhance or clear the roles of the responsible of other Educational, socio cutural institution bases. 
    
     The  role of the Teacher of all level
    The  role of the 'officer - police'
s   Social workers 

     Is any of the existing models of other countries suits local societal or political structure like ours?  like some others describe in their descriptions on hybrid courts systems ‘ what  is called ‘weak domestic justice system’ http://www.uniceub.br/media/181726/Texto3.pdf  

i    If you use same description here, since when? How old is the Judiciary system that the Englishes introduced and we still follow with no changes?   
 
Why often we hear the word ‘doubt / s with regard to the ‘lawfull staff’ from non domestic parties ? i.e Cambodia before establishing hybrid courts system there what qualifications they have to do so than a purely local (It doubted whether it was possible to find qualified and (evidently) independent Cambodian staff  ………. read for more information  page five of 25 http://www.uniceub.br/media/181726/Texto3.pdf

further, the text i copied from the internet explains .........

 
 ‘In a post-conflict situation domestic trials often lack legitimacy because the judicial institutions are not impartial and independent or are not perceived as such’
‘The prosecution takes place in far away court rooms, in which the key actors are lawyers not familiar with the conflict and culture in which the crimes have been committed’


can we think of something PURELY OURS ?